HACKENSACK — A Superior Court judge denied a motion brought by Lodi’s fire marshal Monday to dismiss charges that he left his elderly mother lying in her own urine and feces for up to 15 hours before calling for help.

Paul Wanco’s attorney, Frank Cozzarelli, argued Monday that the prosecution had erred in its presentation to the grand jury, which handed up an indictment in July charging Wanco and his niece, 19-year-old Jennifer Wanco, with neglect and aggravated assault of Wanco’s mother. Those errors included failing to establish that Paul Wanco had a legal duty to care for his mother.

Cozzarelli said that no evidence had been presented that Paul Wanco’s mother was incapable of caring for herself, or that she had sustained any injury as a result of his client’s actions.

Assistant Bergen County Prosecutor Jessica Gomperts countered that there was “no question” that Paul Wanco, 58, was responsible for his mother, who shared a home with him, was “mostly immobile” and relied on him for care, Gomperts said.

In March, Paul Wanco’s mother – 89 at the time — fell in her home. Jennifer Wanco, who also lived in the house, contacted her uncle and asked him what she should do. Paul Wanco allegedly told her that he would deal with his mother when he returned home. The woman remained on the floor for up to 15 hours before emergency help was called, authorities have said.

According to Gomperts, hospital reports said that the woman was severely dehydrated, bruised, suffering from bedsores and had burns either from the urine and feces she was lying in, or from the plywood floor beneath her.

Judge Edward Jerejian rejected Cozzarelli’s motion, noting that the question of who was responsible for Paul Wanco’s mother’s care should be left to a jury. Paul Wanco is due to return to court on March 10, at which point a trial date will be set if he does not agree to take a plea bargain.

Jennifer Wanco has been accepted into pretrial intervention. If she successfully completes the program, her charges will be dismissed.

Paul Wanco had also applied for pretrial intervention, but was denied. He appealed that denial, which Jerejian later upheld. He could be sentenced to up to five years in prison if convicted.